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Commission Directive 2005/43/EC of 23 June 2005 amending the Annexes to Council Directive 68/193/EEC on the marketing of material for the vegetative propagation of the vine
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THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 68/193/EEC of 9 April 1968 on the marketing of material for the vegetative propagation of the vine(1), and in particular Article 2(1)(DA)(c), Article 8(2), Article 10(3) and Article 17a thereof,
Whereas:
(1) Directive 68/193/EEC establishes Community provisions for the marketing of material for the vegetative propagation of vines within the Community. The Directive lists the conditions to be satisfied by the growing crop, the propagation material, the packaging and the label.
(2) Improved plant propagation technology permits plants produced in accordance with that technology to be marketed in pots, crates or boxes in addition to the traditional bundles.
(3) Where Member States require that each delivery of material produced within their territories is also accompanied by a uniform document, the conditions regarding this accompanying document should be provided for.
(4) Certain conditions relating to propagation material and the composition of packaging should not apply to propagation material produced in accordance with the new production methods.
(5) The conditions to be satisfied by the growing crop are set out in Annex I to Directive 68/193/EEC. That Annex should include a reference to the category and type of propagation material, a new positive list of harmful organisms to be checked and the methodology for inspecting and testing the growing crop.
(6) The conditions to be satisfied by the propagation material are set out in Annex II to Directive 68/193/EEC. That Annex should include a reference to the variety and where appropriate, to the clone for each category and type of propagation material as regards identity and purity, the methodology for inspecting the propagation material and the grading of the different types of propagation material.
(7) The conditions to be satisfied by the packaging are set out in Annex III to Directive 68/193/EEC. That Annex should include a reference to the type of propagation material as regards the number of individuals per unit of packaging.
(8) The conditions concerning the label and accompanying document are set out in Annex IV of Directive 68/193/EEC. That Annex should include all the information relating to the propagation material required by Article 10 of Directive 68/193/EEC.
(9) The growing cycle of vine propagation material lasts for several years and the time required for inspecting and testing is consequently lengthy. A rapid introduction of new conditions could create a shortage of production of propagation material fulfilling the new requirements. It is therefore appropriate to provide for a transitional period for compliance with the new conditions laid down in Annexes I, II and IV for propagation material already in place.
(10) Directive 68/193/EEC should therefore be amended accordingly.
(11) The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on Seeds and Propagating Material for Agriculture, Horticulture and Forestry,
HAS ADOPTED THIS DIRECTIVE:
Annexes I to IV to Directive 68/193/EEC are replaced by Annexes I to IV to this Directive respectively.
1.Member States shall adopt and publish, by 31 July 2006 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.
They shall apply those provisions from 1 August 2006.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
2.Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
This Directive shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.
This Directive is addressed to the Member States.
Done at Brussels, 23 June 2005.
For the Commission
Markos Kyprianou
Member of the Commission
complex of infectious degeneration: grapevine fanleaf virus (GFLV), Arabis mosaic virus (ArMV);
grapevine leafroll disease: grapevine leafroll-associated virus 1 (GLRaV-1) and grapevine leafroll-associated virus 3 (GLRaV-3);
grapevine fleck virus (GFkV) (only for rootstocks).
Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
In those cases where official annual crop inspections are carried out on all plants, the plant health tests shall be carried out at least every six years starting from six year old stock nurseries.
Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
In those cases where official annual crop inspections are carried out on all plants, the plant health tests shall be carried out at least every 10 years starting from 10 year old stock nurseries.
The failure rate of stock nurseries attributable to the harmful organisms listed under points 5(a) and 5(b) shall not exceed 5 %. Infected plants must be eliminated. Reasons for failures ascribed to the above harmful organisms or other factors shall be entered in the file where records concerning stock nurseries are kept.
Member States may decide not to apply points 5.1 and 5.2 until 31 July 2011, in respect of stock nurseries which were already in existence for the production of initial propagating material or basic propagating material at the date of entry into force of Commission Directive 2005/43/EC(2).
Member States may decide not to apply point 5.3 until 31 July 2012, in respect of stock nurseries which were already in existence for the production of certified propagating material at the date of entry into force of Directive 2005/43/EC.
Where Member States decide not to apply points 5.1 to 5.2 or point 5.3 as described in (a) or (b) above, they shall instead apply the following rules.
Harmful virus diseases, especially grapevine fanleaf and leafroll, must be eliminated from crops intended for the production of initial propagating material and basic material. Crops intended for the production of propagation material of the other categories shall be kept free from plants showing symptoms of harmful virus diseases.
The following are considered technical impurities:
propagation material desiccated wholly or partly, even when it has been steeped in water after desiccation;
damaged, bent or injured propagation material, in particular when damaged by hail or frost or when crushed or broken;
material not meeting the requirements under point III below.
Propagation material presenting clear signs or symptoms ascribable to harmful organisms for which there are no efficient treatments shall be eliminated.
The rooted grafts consisting of a combination of the same category of reproduction material shall be classified in that category.
The rooted grafts consisting of a combination of different categories of reproductive material shall be classified in the lower category of the elements of which it is composed.
Member States may decide not to apply the provisions of point 1 until 31 July 2010, in respect of rooted grafts consisting of initial propagating material grafted on to basic propagating material. Where Member States decide not to apply point 1, they shall instead apply the following rule.
Rooted grafts consisting of initial propagating material grafted on to basic propagating material shall be classified as initial propagating material.
This concerns the largest diameter of the section. This standard does not apply to herbaceous cuttings,
graftable rootstock cuttings and top-graft cuttings:
top diameter: 6,5 to 12 mm;
maximum butt end diameter: 15 mm, except if this involves top-graft cuttings intended for grafting in situ,
nursery cuttings:
minimum top diameter: 3,5 mm.
The diameter measured in the middle of the internode, under the extension growth and along to the longest axis, shall be at least equal to 5 mm. This standard is not applicable to the rooted cuttings derived from herbaceous propagation material.
The length from the lowest point at which roots emerge to the base of the extension growth shall be not less than:
30 cm for rooted cuttings, intended for grafting; however, for rooted cuttings intended for Sicily, this length shall be 20 cm;
20 cm for other rooted cuttings.
This standard is not applicable to the rooted cuttings derived from herbaceous propagation material.
Each plant shall have at least three well-developed and well-spaced roots. However, the variety 420 A may have only two well-developed roots, provided that they are on opposite sides.
The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than one centimetre below it.
The stem shall be at least 20 cm in length.
This standard is not applicable to the rooted grafts derived from herbaceous propagation material.
Each plant shall have at least three well-developed and well-spaced roots. However, the variety 420 A may have only two well-developed roots, provided that they are on opposite sides.
Each plant shall have an adequate, regular and secure union.
The cut shall be made at a sufficient distance below the diaphragm so as not to damage it but not more than one centimetre below it.
Where necessary, the size (number of individuals) of packages and bundles of all types and categories of propagation material listed in column 1 above may be smaller than the minimum quantities indicated in column 2 above.
The number of individuals and the maximum quantity do not apply.
The label shall comply with the following requirements:
the label shall be indelibly printed and clearly legible;
the label shall be affixed in a conspicuous place in such a way as to be easily visible;
information set out in point A.I. shall not in any way be hidden, obscured or interrupted by other written or pictorial matter;
the information set out in point A.I. shall appear in the same field of vision.
The required information for the label under point I.10 reads: ‘Exact number of units per package or bundle’.
The following information set out in point A.I. is not required:
type of material
category
reference number of batch
quantity
length for the graftable rootstock cuttings
crop year.
In case of plants of vine with roots in any substrate in pots, crates and boxes when the packages of such material cannot fulfil the requirements for sealing (including labelling) due to its composition:
the propagation material shall be kept in separate batches appropriately identified per variety and where relevant per clone and per number of individuals;
the official label is not compulsory;
the propagation material shall be accompanied by the accompanying document as laid down under point B.
When Member States require that an accompanying document should be delivered, the document:
shall be delivered in at least two copies (consignor and recipient);
shall (recipient copy) accompany the delivery from the place of the consignor to the place of recipient;
shall indicate all information set out under the following point II concerning the individual batches of the delivery;
shall be preserved for at least one year and made available to the official control authority.
OJ L 93, 17.4.1968, p. 15. Directive as last amended by Regulation (EC) No 1829/2003 of the European Parliament and of the Council (OJ L 268, 18.10.2003, p. 1).
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